Is Eating Fruits and Vegetables an Economic Activity?

Monday Jul 5, 2010

The Washington Monthly’s Steve Benen suggests that “far-right blogs” are ignoring the “context” of Supreme Court nominee Elena Kagan’s exchange with Sen. Tom Coburn (R-Okla.) about the extent of congressional powers under the Commerce Clause. As I noted yesterday, Kagan dodged Coburn’s question about whether a federal law requiring Americans to eat “three vegetables and three fruits every day” would be a legitimate exercise of the power to regulate interstate commerce. Source

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